New Formal Ethics Opinion(s) from the Board of Professional Responsibility

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

DON J. LONG, FOR HIMSELF AND FOR THE BENEFIT OF GENE LANGLEY FORD,
INC. V. RALPH E. LANGLEY AND EDNA ELIZABETH LANGLEY
Court:TCA
Attorneys:
Leo Bearman, Jr. and Elizabeth E. Chance, Memphis, Tennessee, for the
appellant, Don J. Long.
Jesse H. Ford, III, Jackson, Tennessee, for the appellees, Ralph E.
Langley and Edna Elizabeth Langley.
Judge: ACREE
First Paragraph:
This a lawsuit between the two stockholders of Gene Langley Ford,
Inc., an automobile dealership. The issues involve the percentage of
ownership owned by the two stockholders and whether the defendant paid
himself an excessive salary for managing the business. The Chancellor
held that the plaintiff owns forty-nine (49%) of the stock and the
defendant owns fifty-one percent (51%). He further held that the
defendant's salary was not excessive. We reverse the Chancellor's
decision regarding the ownership of the stock and hold that each party
owns fifty percent (50%). We affirm the Chancellor's decision that
the defendant's salary was reasonable.
http://www.tba.org/tba_files/TCA/longdon.wpd

STATE OF TENNESSEE v. CHRISTOPHER CAMPBELL
Court:TCCA
Attorneys:
AC Wharton, Jr., Shelby County Public Defender; W. Mark Ward,
Assistant Shelby County Public Defender, Memphis, Tennessee, for the
Appellant, Christopher Campbell.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; John H. Bledsoe, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Glen Baity,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Christopher Campbell, appeals the sentencing decision
of the Shelby County Criminal Court following his jury conviction for
aggravated robbery. At sentencing, the trial court ordered that
Campbell's eight-year sentence in this case be served consecutively to
three prior convictions for aggravated robbery. On appeal, Campbell
argues that the trial court erred in ordering consecutive sentences.
Because the trial court failed to recite any reasons for imposing
consecutive sentences as required by Rule 32, Tennessee Rules of
Criminal Procedure, we are unable to perform appellate review of the
sentencing issue. Accordingly, the case is remanded for determination
of consecutive sentencing as provided by Rule 32.
http://www.tba.org/tba_files/TCCA/campbellc.wpd

STATE OF TENNESSEE v. GEORGIA LUCINDA HAGERTY
Court:TCCA
Attorneys:
Merrilyn Feirman, Nashville Tennessee (on appeal); David F. Bautista,
District Public Defender; and Ivan M. Lilly, Assistant Public Defender
(at trial), for the Appellant, Georgia Lucinda Hagerty.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Joe C. Crumley, Jr., District
Attorney General; and Victor J. Vaughn, Assistant District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
We granted an extraordinary appeal, pursuant to Tennessee Rules of
Appellate Procedure 10(a), to consider the Washington County Criminal
Court's denial of the defendant's ex parte motion seeking funds for
expert services, as outlined in Tennessee Supreme Court Rule 13 and
the holding in State v. Barnett, 909 S.W.2d 423 (Tenn. 1995). We
stayed the trial court's proceedings pending our consideration of this
issue. Upon a thorough review of the record in this case, the briefs
of the parties, and the applicable law, we reverse the ruling of the
trial court, remand for further proceedings consistent with our
opinion, and lift the previously ordered stay so that trial court
proceedings may resume.
http://www.tba.org/tba_files/TCCA/hagertygl.wpd

STATE OF TENNESSEE v. WALTER MCGILL
Court:TCCA
Attorneys:
Donald A. Bosch, Lisa B. Morton, and Keith D. Stewart, Knoxville,
Tennessee, for the appellant, Walter McGill.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Robert L. Jolley, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Walter McGill, pled guilty to one count of sexual
battery by an authority figure and was sentenced to five years
incarceration in the Tennessee Department of Correction. On appeal,
the appellant contends that the trial court erred in failing to grant
him full probation, or, in the alternative, split confinement. Upon
review of the record and the parties' briefs, we affirm the judgment
of the trial court.
http://www.tba.org/tba_files/TCCA/mcgillw.wpd

STATE OF TENNESSEE v. JACK CLAYTON MOBERLY, JR.
Court:TCCA
Attorneys:
Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jack
Clayton Moberly, Jr.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney
General; and Suzanne M. Lockert, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson
County Circuit Court jury of aggravated robbery, a Class B felony,
conspiracy to commit robbery, a Class D felony, and aggravated
assault, a Class C felony. The trial court sentenced him as a Range
I, standard offender to concurrent sentences of ten years for the
aggravated robbery conviction, two years for the conspiracy to commit
robbery conviction, and four years for the aggravated assault
conviction. The defendant appeals his aggravated robbery conviction,
claiming that the indictment fails to allege that offense. We affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/moberly.wpd

STATE OF TENNESSEE v. JEREMIAH WISEMAN
Court:TCCA
Attorneys:
Jake Erwin, Memphis, Tennessee, for the appellant, Jeremiah Wiseman.
Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; and Kevin Rardin, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Jeremiah Wiseman, entered a plea of guilt to the
offense of carjacking. See Tenn. Code Ann. S 39-13-404. The trial
court imposed a mitigated offender sentence of 7.2 years and declared
that the defendant was ineligible for probation. In this appeal of
right, the defendant claims he was erroneously denied the opportunity
for probation. Because the defendant should have been considered as a
candidate for an alterative sentence, the judgment is reversed and the
cause remanded to the trial court for a probationary hearing.
http://www.tba.org/tba_files/TCCA/wisemanj.wpd

PLEASE FORWARD THIS E-MAIL!Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type:UNSUBSCRIBE
3) Leave the body of the message blank